12.27.11
Posted in General, Probate at 4:23 pm by Mark Leahy
The Massachusetts House and Senate have voted to delay the implementation of the second phase of the MUPC until March 31, 2012. Governor Patrick will sign the bill on December 30. Technical changes to the MUPC and the Uniform Trust Code will wait as well. New probate forms had been posted on the Court’s website on December 19, but have been removed for the time being. Standing order 5-11 has been modified to reflect the new schedule and may be found at www.mass.gov/courts/courtsandjudges/courts/probateandfamilycourt/mupchub.html
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12.10.11
Posted in General, Probate at 1:49 pm by Mark Leahy
Surprisingly, the topic which garnered the most interest at a recent seminar at Suffolk Law School was the personal representative’s power to direct the funeral of a decedent. Code section 3-701 permits a personal representative to “carry out written instructions relating to the decedent’s body, funeral and burial arrangements.” This authority is available to the person nominated in the Will, even before the Will is offered for probate. There is no guidance as to whether the instructions should be signed, witnessed, etc. Prior Massachusetts law gave the spouse, or if none, the next of kin control over funeral arrangements.
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09.25.11
Posted in General at 1:21 am by Mark Leahy
I hesitate to publish my handy cross reference tables between Code and old or related General Laws. I built them years ago while it was easy, as we worked our way through the Code. But they haven’t been vetted, so their accuracy is suspect. Since the few I’ve shared these with seem to value them, I’ll put them out for all to enjoy. Please report back any inaccuracies or missed references.
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09.19.11
Posted in General, Probate at 10:16 pm by Mark Leahy
The Probate and Family Court will soon issue a Transitional Rule to govern how estates and testamentary trusts filed and opened before the effective date of the MUPC will be treated after the effective date. See a link to the Rule in the side bar. Of particular interest is that bonds filed under the old law will not entitle fiduciaries to utilize informal closing procedures under the new law. A petition to substitute a new bond may be required of pre-2012 estates and trusts to take advantage of new accounting and closing procedures.
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05.20.11
Posted in General, Probate at 4:29 pm by Mark Leahy
The Judiciary Committee heard testimony from the proponents of the Uniform Trust Code on May 19. The UTC would replace Article VII of the MUPC with a much more extensive codification of trust law in Massachusetts. Senate Bill 688 may be found at http://www.malegislature.gov/Bills/187/Senate/S00688. The UTC has been adopted in 21 states already. The bill includes provisions for pet trusts. It is supported by both the Massachusetts and Boston Bar Associations.
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Posted in General, Guardianship, Probate at 4:14 pm by Mark Leahy
On May 19 the Joint Senate and House Committee on the Judiciary held a hearing on, amongst many matters concerning the Probate and Family Court, Senate Bill 704 which sets forth a number of technical changes to the Massachusetts Uniform Probate Code. Included with the purely technical changes are provisions expanding the exceptions allowing probate after 3 years following death and also the extension of sharing “per capita at each generation” on distributions to rules of construction as well as the rules of intestacy. Also included is the authority for a guardian to authorize a short term nursing home placement if the incapacitated person and family do not object, the person is represented by counsel or counsel is appointed and the medical certificate recommends placement. It also expands the number of medical professionals who may sign medical certificates in protective proceedings. The full text of the bill and explanation are available in the side bar. Chief Justice Carey testified to the need for these changes to be in place when the Code becomes fully effective in January 2012.
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12.17.09
Posted in General at 2:10 pm by Mark Leahy
The Wall Street Journal reported today that the U.S. Senate will not vote to extend estate taxes before they are scheduled to go away (for a year) on January 1. As a result, under the 2001 tax reform, there will be no federal estate tax due for deaths in 2010, but in 2011 they will return at a 55% top rate on estates over only $1 million. All is not grand for taxpayers since the 2001 law also limits step-up in basis on death to $3 million on assets passing to a spouse and $1.3 million on assets passing to anyone. Planning for capital gains may become more complex than planing for estate taxes was.
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12.04.09
Posted in General at 8:04 am by Mark Leahy
The House of Representative voted on Dec. 3 to permanently extend the current $3.5 million estate tax threshold and 45% tax rate on estates exceeding that amount. The Senate has until Dec. 31 before federal estate taxes go away for a year and then come back with an exemption of only $1 million. http://voices.washingtonpost.com/capitol-briefing/2009/12/house_votes_to_make_current_es.html?hpid=topnews
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01.16.09
Posted in General at 9:59 am by Mark Leahy
On January 15 Gov. Deval Partick signed into law the long-awaited Massachusetts probate and guardianship law reform and codification. The official designation is Chapter 521 of the Acts of 2008. The enactment came on the last possible day for the 2008 legislative session.
The effective dates are delayed to give the courts, lawyers and the public time to adjust to the changes from current procedures. The guardianship section of the code (Article V) will become effective on July 1, 2009. The remaining parts relating to estates and trusts will become effective on July 1, 2011.
There will be many opportunities to get up to date on the changes through CLE before the effective dates and we’ll review as many of the new features of the Code as we can right here. Please give us your comments and questions and we’ll try to respond to all.
And a big thank you to all (and there are many) who made this possible.
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01.15.09
Posted in General at 1:56 pm by Mark Leahy
Estate and guardianship law and procedure in Massachusetts have been significantly modernized by the enactment on January 15, 2009 of the first comprehensive codification of probate law in the Commonwealth.
The new Massachusetts Probate Code introduces a flexible system for administering estates of deceased persons, permitting as little or as much oversight by the Court as may be appropriate for the needs of families inheriting wealth.
The time needed to open a probate will be shortened while at the same time the protections available for beneficiaries will be increased by enactment of a new optional informal probate system currently available in many other states. Estates may be more quickly and efficiently administered in the vast majority of situations where no controversy exists. Privacy of family financial information will also be protected. Surviving spouse’s rights are improved while also protecting shares of estates for children of prior marriages.
Guardianships for incapacitated persons will be more protective of their individual rights. Individuals subject to guardianship proceedings will no longer be stigmatized by reference to a “mentally illness” and loss of personal rights will be limited as circumstances require. Greater disclosure of a person’s needs and limitations will be needed before a guardian may be appointed and guardians will be required to make regular reports of the care and condition of their wards.
The Massachusetts Probate Code was drafted and sponsored by the Massachusetts Bar Association and the Boston Bar Association and is a joint effort of judges, Registers of Probate and guardianship public interest groups.
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